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Court extends order against increasing advertising fees

Outdoor advertisers will continue paying current rates after the High Court extended interim orders barring the county from increasing charges.

The orders had been issued pending hearing of an application by Outdoor Advertising Association of Kenya (OAAK) seeking to stop implementation of the Nairobi County Finance Act, which proposes the increase.

Justice Isaac Lenaola, who extended the orders, withdrew from hearing the case saying he had dealt with a similar matter before.

The association wants the section of the Act on outdoor advertising and signage declared unconstitutional.

The advertisers also want city authorities restrained from enacting any legislation on fees and charges for outdoor advertising and signage without being consulted and compliance with the procedure set out in the Constitution.

According to OAAK, the county government discriminated against it.

“The respondent’s imposition of fees and charges on outdoor advertising and signage contravened the procedure set out in the Constitution,” read part of the petition.

The association’s chairperson, Mr Peter Odoyo, said imposition of fees on advertisement by the county government predecessor, City Council of Nairobi, has over the years been done in consultation with the association.

“Members have suffered and will continue suffering loss if the respondent’s decision to increase fees is not quashed and the respondent prohibited from enforcing them,” said Mr Odoyo.

The case has been fixed for hearing on January 21.